Why securing a transgender ID in Delhi feels like an obstacle race

The year 2024 marks a decade since the landmark NALSA judgement that recognised the rights of transgender persons in India. But Delhi’s transgender community continues to face an uphill battle for basic recognition and access to essential services.

Bureaucratic red tape, insensitive verification processes and the absence of systemic accountability make it nearly impossible for many trans individuals to secure essential identity documents such as the transgender ID card, which is also a crucial document for accessing healthcare, employment, and education.

For activists like Pari, a trans woman working at Delhi’s Naz Foundation, the numbers are telling: out of the 75 people she has helped apply for certificates, only two have been successful. Her own reluctance to apply stems from the same fears that paralyse much of the community – an exhausting maze of paperwork, multiple office visits and the threat of family rejection.

The transgender identity certificate is designed to provide transgender individuals with formal recognition, enabling access to government assistance and facilitating name and gender updates on official documents to mitigate instances of discrimination.

To streamline the process of issuing the certificates, the government had launched the SMILE (Support for Marginalised Individuals for Livelihood & Enterprise) portal. This online platform offers access to various support services, including scholarships, skill development programmes, employment and essential medical care like counselling, surgeries, and hormone therapies, and access to shelter homes like Garima Greh.

Applicants can submit their information and track their applications online, avoiding the need for in-person visits. According to the official website, district authorities are required to issue the transgender certificate and ID card within 30 days of receiving the application. However, the ground reality is very different.

Of the 24,115 individuals who applied for the transgender certificate nationwide, 19,284 have successfully received it – that is, 79.96% of the applicants got their certificates. In Delhi, the situation is more challenging – of the 745 applications submitted, only 385 were approved, which is only 51.67% of the applicants, leaving the rest rejected and without the essential documentation.

Bela, a board member of Mitr Trust – a nonprofit in Delhi’s Sitapuri which runs a Garima Greh – points out that many individuals are compelled to visit the district magistrate’s office to initiate the certification process. This is not a one-time visit – it often requires multiple trips over several months.

“Not everyone can afford to invest so much time and money into this process,” she says, and adds that obtaining transgender certificates remains elusive for many, especially in Delhi, where the process lags behind states like Karnataka and Maharashtra. She says that these are the states that have issued the highest number of transgender IDs: 4,192 in Karnataka, and 3,718 in Maharashtra.

Bela stresses that simplifying documentation requirements could make the process more inclusive and accessible for the transgender community.

Verification visits

Bela, who has been waiting for her own transgender certificate for nine months, says that the major challenge is the verification visits and subsequent process. Verification visits aren’t legally required but it often involves officials sent by the district magistrate’s office visiting the address mentioned in applicants’ Aadhaar cards, which further complicates the process, especially for those who are homeless and without any proof of residence.

Shailaja, a member of Mitr Trust, points out the risks involved in these visits. “We don’t have the privilege of living with our families; we have to leave our homes,” she said. “So, when they talk about officials coming to the address mentioned in Aadhaar cards for verification, it goes against our safety.”

Shailaja also highlighted the importance of accessibility. “For so many years, we have been kept behind,” she said. “But now that there is so much hope, these small things like obtaining identity cards should be easily accessible to people.”

Suraj, a 26-year-old trans man from Sangam Vihar of Delhi, said the process involved an extensive list of documents, multiple trips over six months and dealing with insensitive officials. “The application process is tedious, requiring proof of residence, birth certificate, educational documents, and more,” said Suraj. “Many transgender persons who leave home at a young age find it impossible to furnish these papers.”

Officials are also not trained to verify applications with sensitivity, said Suraj. “Now, I have the transgender ID, but it has not improved access to healthcare and jobs,” he said. “I'm an educated person, and it is still confusing for me to access the scholarship portal. I tried calling the helpline several times but didn't get any satisfactory reply.”

Reena (name changed), a trans woman in her late 30s, living in Delhi, had to personally visit the Dwarka Court to get her application accepted. Despite waiting for four months, her application was only accepted after she personally approached the sub-collector. “People in higher positions don’t speak up or provide support, so our issues never reach them,” she said. “And even if they do reach them, they don’t pay attention to our problems.” Reena stressed on the necessity of establishing a dedicated body to oversee this issue, arguing that entrusting it to the district magistrate will not ensure procedural justice.

A staff member at the district magistrate’s office in Northwest Delhi, who did not wish to be identified, said, “It has been almost four years since this scheme was launched but the truth is that we do not have any strong mechanism to issue transgender certificates.”

Many transgender people come to Delhi from all over the country, most of whom are less educated, said the official. “While the government aims to support them, creating a strong roadmap remains challenging.”

Stalled progress

Grace Banu, a Dalit and transgender activist, said little has changed despite the decriminalisation of Section 377 of the Indian Penal Code that criminalised “unnatural sex), the NALSA judgement (hat granted the right to self-identify their gender and The Transgender Persons (Protection of Rights) Act, 2019. “Even after all these years, trans people are still begging on the streets or engaged in sex work,” said Banu. “How can I say my community has progressed or achieved liberation?”

Sahil Choudhary, head of the LGBTQIA+ programme at The Naz Foundation Trust, echoed Banu’s views. “There have been some legal advancements in the past few years, but they have been very superficial,” said Choudhary. “Nothing significant has been achieved.”

Referring to the October 2023 marriage equality case, which granted the legal right to trans individuals in heterosexual relationships to marry, and the NALSA judgement in 2014, Choudhary said, “On paper, the community has progressed, but on ground, nothing has changed.”

Legally, Choudhary notes that the trans community has seen improvements compared to other segments of the LGBTQIA+ community in recent years. However, he highlighted social challenges, emphasising that social marginalisation persists, making the trans community particularly vulnerable in society.

Professor Bittu Kaveri Rajaraman, Head of the Psychology Department at Ashoka University, called for systemic changes, including horizontal reservation across caste and gender lines in education and employment. “Even housing initiatives by the Delhi government are underfunded,” he said. He also advocated for a functional welfare state, emphasising the need for simplifying documentation processes for obtaining identification.

Rajaraman said transgender individuals find it challenging to vote, which compromises their participation in democratic processes. “A significant number of transgender individuals do not perceive any incentive to vote.

Barriers in recent elections

Ahead of the 2024 Lok Sabha elections, Chief Election Commissioner Rajiv Kumar announced that among the 97 crore eligible voters nationwide, only 48,000 are transgender voters, with just 1,176 in Delhi. These numbers are starkly different from community estimates: activists say that there are over one lakh transgender individuals in Delhi alone, far more than the 4,213 recorded in the 2011 census.

One major reason for low voter enrollment is that transgender individuals must have a transgender ID card to obtain a voter ID reflecting their gender, making the whole matter a nightmare loop.

Pari, who still votes under her dead name, expressed disappointment. “This government has done nothing for transgender persons,” she said. She has helped others obtain voter IDs but noted that most cards still list male or female genders, despite efforts to get the correct “T” designation.

To have the voter ID card correctly reflect the gender with a “T” designation, one has to navigate numerous difficulties, only to face rejection at the end of the process, she says. “Kuch bhi karlo, zero hi rehna hai, sarkaar toh aati hai jaati hai – governments come and go, but no matter what we do, it always ends up in naught,” she said.

Delhi voter enrolment

In an effort to boost voter turnout among transgender individuals, Delhi organised several awareness initiatives ahead of the 2024 General Elections. A transgender voter awareness camp was held in the central district at Takia Kale Khan, Matai Mahal. Similarly, in Alipur, north district, an event on April 19 at the APMC Auditorium focused on ethical voting and featured cultural programmes, drawing over 250 participants from the transgender community.

In Gautam Budh Nagar, transgender individuals took to the streets to boost voter turnout for the elections. Led by activist Ramkali, this group sang and chanted slogans to raise awareness and motivate citizens to vote. Ramkali, the founder of Basera Samajik Sansthan, while en route to Gorakhpur for another campaign, said “Trans individuals are always left behind. This awareness camp was meant to propel the community forward.”

She said that the government was doing its best, “because they have at least considered us”. Striking an optimistic note, she said that previously, the community was invisible, but now, with access to transgender certificates, “I can proudly say that Ramkali is a trans woman”. Ramkali believes that Modi has helped the trans community make significant strides in recent years.

However, Kashish, a trans woman in her 40s who resorted to begging near the red-light area in Kali Mata Mandir area for 12 years, has not benefited from such awareness drives. Without a smartphone and unaware of the existence of transgender certificates, she asked, “How can we obtain voter cards when they don’t want us to vote? Many governments come and go, making promises and leaving. What's the point of voting?”

The voter turnout for transgender persons voter in the 2024 Lok Sabha election across states and Union Territories was 27.08%. Delhi recorded a turnout of 28.01%. The highest trans voter turnout was in Chandigarh and Himachal Pradesh at 77.14% and the lowest in Bihar – 6.4%.

What politicians could do

Months after the 2024 General Elections, the transgender community continues to feel overlooked by political parties. The Bharatiya Janata Party’s manifesto barely addressed their needs, with a limited focus on including transgender persons in the Ayushman Bharat healthcare system and expanding Garima Grehs, shelters for transgender individuals.

The Congress, in its Nyay Patra, promised legislation to legalise civil unions for LGBTQIA+ couples and pledged a constitutional amendment to prohibit discrimination based on sexual orientation under Articles 15 prohibiting discrimination and Article 16 guaranteeing equal opportunity in public employment. The Aam Aadmi Party had advocated a “gender-affirming” approach, stressing the need for safe spaces for LGBTQIA+ individuals.

Many in the transgender community, like activist Banu, say their lives change little. “When we talk about these welfare schemes and promises in party manifestos, these are all temporary solutions,” said Banu. “These are our rights. When we ask for our rights, they give us schemes.” She also highlighted the struggle to obtain legal recognition, such as the transgender certificate, which in turn hinders efforts to get voter IDs.

Bruna (31), a tattoo artist in Hauz Khas, recently decided to relocate from northwest to south Delhi in search of greater inclusivity and acceptance as a trans woman. Her voter ID still displays her dead name and misgenders her. Bruna plans to update her documents once she completes her transition and secures her transgender certificate.

Reflecting on her experiences, Bruna also voiced her disappointment with the lack of tangible support from the BJP government for the transgender community. She highlighted the absence of vocal advocacy or significant actions addressing their needs, which has only exacerbated their marginalisation. She emphasised the need for amendments to the transgender act, which she said falls short in protecting and empowering trans individuals.

For many in the community, the demands from politicians are clear: more than token promises and welfare schemes, they need systemic reforms, legal recognition and tangible actions that uplift and protect transgender lives.

Uthara UR is a recent graduate of the Delhi School of Journalism, University of Delhi. Currently pursuing her Masters in Sociology at Jamia Millia Islamia, Uthara is passionate about pro-people stories, focusing on culture, politics, and communities in resistance. Her work has been featured in publications such as Outlook, Feminism In India and Patriot.

This story was produced as part of the InQlusive Newsrooms Media Fellowship 2023. InQlusive Newsrooms is a collaborative project by The News Minute and Queer Chennai Chronicles, supported by Google News Initiative, and is working on making the Indian media more LGBTQIA+ sensitive.